BMW OF NORTH AMERICA, INC. v. KRATHEN

Nos. 83-1202, 83-1407.

471 So.2d 585 (1985)

BMW OF NORTH AMERICA, INC. and Volkswagen South, Inc., D/B/a Bmw South, Appellants, v. David H. KRATHEN and Francine Krathen, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 17, 1985.


Attorney(s) appearing for the Case

W. Sam Holland of Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, P.A., Miami, for appellants.

Gary M. Farmer of Gary M. Farmer, P.A., Fort Lauderdale, for appellees.


HURLEY, Judge.

BMW appeals from an order of the circuit court denying its motion to vacate judgment and, alternatively, its motion for relief from judgment. We affirm.

The Krathens filed suit against BMW, seeking money damages for breach of express and implied warranties under the Uniform Commercial Code, and for alleged violations of the Magnuson-Moss Warranty Act, 15 U.S.C.A. §§ 2301-2312 (1982). The gravamen of the complaint was that BMW sold...

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